RELAX CTET CONDITION IF ENOUGH ELIGIBLE SPECIAL EDUCATORS ARE NOT AVAILABLE, CAT DIRECTS DELHI GOVERNMENT

The Central Administrative Tribunal (CAT), in its Order dated 09.07.2014, has directed the Delhi Government to assess if more Special Educators are required to be employed as Resource Teachers under Sarva Shikha Abhiyaan (SSA) and in case sufficient number of eligible special educators are not found, to take steps for relaxing the Central Teacher Eligibility Test (CTET) condition under Section 23 (2) of the RTE Act, 2009, in order to fill in the vacancies.

The Order has come in an Application filed by as many as 82 Special Educators, through Advocate Ashok Agarwal, who had been working as resource teachers under SSA but were ousted by the introduction of CTET condition which rendered them ineligible. After the introduction of the CTET condition, only about 47 eligible special educators could be recruited while originally, 300 special educators were working as resource teachers under SSA in Delhi.

 Advocate Ashok Agarwal, appearing for the applicants argued before the Tribunal that the CTET condition was being pressed for by the Government despite the fact that sufficient number of CTET qualified candidates were not available, leading to enormous vacancies and massive shortage of special educators in the government schools, affecting the right to education of children with special needs in government schools.

Mr. Agarwal further argued that the Government is under an obligation under Sections 25 and 26 of the RTE Act, 2009 and Delhi High Court Orders to ensure adequate number of special educators in its schools. Further, the RTE Act, 2009 under Section 23 (2) also empowers the Government to relax the qualifications for appointment if sufficient numbers of qualified candidates are not available.

The Tribunal has further directed the Delhi Government to bear in mind its obligation of ensuring adequate teacher pupil-ratio under Sections 25 and 26 of the RTE Act, while deciding as to whether additional numbers of special educators are required to be appointed.

copy of CAT order attached.

ASHOK AGARWAL, ADVOCATE

18.07.2014

M: 9811101923